Help Needed!! Non Refundable Deposit!!

JJM26

Hi,

In desperate need of some advice.

We had booked a large family holiday to celebrate one of my grandparents 80th birthdays. We booked one week at a country manor for 34 people.

We paid a 30% deposit of £2250.

Due to unforeseen circumstances we had to cancel the trip. When we cancelled & asked about our deposit, we were surprised to here it was non refundable. Not surprised from a point of view that it is unusual, more surprised from the point of view we weren't made aware.

Person I spoke to, manager, was most unhelpful & simply kept saying, "at least you now know where you stand".

I advised that if I haven't agreed to these T's & C's then I couldn't be bound by them.

I was advised they were contained in the booking form. I found this on the website after being told about it, and it requires to be signed and returned.

I advised, not only did we not sign to accept the terms, we never even received the form.

I requested I be sent a signed copy of our form showing my acceptance, but this is where my emails, calls and all other forms of communication are being ignored.

Can someone please please offer advice to help as its a lot of money & im really struggling to make progress?

Thanks

JJM26

antrobus

JJM26 wrote: »

...Can someone please please offer advice to help as its a lot of money & im really struggling to make progress?
...

Not many people realise that when they hand over a deposit they have made a legally binding contract. It doesn't matter whether there is a written agreement or not, and you don't need to have signed anything for the law to take hold.

The basic rule is that a deposit acts a surety for you entering into the contract and effectively guarantees that you will fulfil your side of the bargain. Therefore, if you change your mind and pull out of the deal the supplier is entitled to keep your deposit. However, since the deposit formed a substantial part of the price you could try arguing that you didn't pay a deposit at all, because in reality the [STRIKE]£20[/STRIKE] £2250 amounted to a part-payment.

In these circumstances you may be entitled to some form of refund, although you may not get all your money back. This is because the [STRIKE]shop[/STRIKE] owners of the country manor can withhold some of your advance payment to take account of their loss of profit on the deal, as well as for any administration costs.

http://www.theguardian.com/money/2007/jun/08/yourrights.legal3

wealdroam

OP, perhaps you should read this post:

Is a deposit ever refundable?

elsien

How soon before you go have you cancelled? That may make a difference as to whether they can resell the week or not.

bris

It's all now about mitigating losses, if the company can't sell the holiday again then you are liable for their losses. If the deposit is more than their losses then you would be due back the difference but only a court can make them declare their actual losses.


Even re selling the holiday may be difficult if they have a lot more than just one to sell which is often the case so the loss can never really be mitigated.


Op you need to now figure out what the actual point of a deposit is, after all what use are they if they are just given back when the contract is breached.

Autumnella

Did you pay on a credit card? It might be worth claiming the money back through the credit card company.

glentoran99

Autumnella wrote: »

Did you pay on a credit card? It might be worth claiming the money back through the credit card company.

On what grounds?

paddyrg

Weeks at country manors for 34 aren't your typical holiday, they may find that difficult to resell in time. Technically you could even be on the hook for more money for your contractual breach if their costs are higher, but this is unlikely.

JJM26

12 weeks exactly!

JJM26

This is the point I'm making, there was no contract. After raising this with them, I was told the booking form we signed was our TC's & contract. We never got one or signed one. I went looking and found one in their site. It states next to signature box, I hereby agree to comply with TC's as above.

I have asked them to provide me a signed copy, no reply despite various efforts.

I have also advised, that I understand the my have costs and would discuss a split, but again, as yet no communication.

arcon5

The point others are making is there is a contract, just not one in writing. Therefore terms are implied by law.